North carolina register volume 24 ● issue 23 ● Pages 2011 2154 June 1, 2010




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15A NCAC 02H .0919 BYPASS

The regulations regarding the bypass provisions promulgated by the Environmental Protection Agency and codified as 40 CFR Part 403.17 are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Management, Pretreatment Offices, Archdale Building, P. O. Box 29535, 512 N. Salisbury St., Raleigh, NC 27626-0535. Copies may be obtained from the US Government Printing Office Bookstore, P. O. Box 56445, Atlanta, Georgia 30343, phone number (404) 331-6947 at a cost of twenty-six dollars ($26.00). locations listed in Rule .0901 of this Section and at http://cfpub1.epa.gov/npdes/home.cfm?program_id=3.


Authority G.S. 143-215.1(a)(1); 143-215.3(a)(14); 150B-21.6.
15A NCAC 02H .0920 PRETREATMENT FACILITY

OPERATION AND MAINTENANCE

(a) Upon classification of pretreatment facilities permitted under this Section and upon development of specific certification and training programs for operators of classified facilities, the permittee industrial user must shall designate an Operator in Responsible Charge and a back-up operator as required by the Water Pollution Control System Operators Certification Commission as established in 15A NCAC 8A .0202. Subchapter 08G of these Rules. Copies of this Rule are available from the Division of Environmental Management, Water Quality Section, Archdale Building, 512 N. Salisbury Street, P. O. Box 29535, Raleigh, North Carolina 27626-0535 at no charge.

(b) In order to insure the proper operation and maintenance of facilities permitted under this Section and classified under the Rules of the Water Pollution Control System Operators Certification Commission (15A NCAC 8), (Subchapter 08G of these Rules), the Operator in Responsible Charge, or a back-up operator when appropriate, must shall operate and visit the facility as required by the Water Pollution Control System Operators Certification Commission as established in 15A NCAC 8A .0202. Subchapter 08G of these Rules. Copies of these Rules are available from the Division of Environmental Management, Water Quality Section, Archdale Building, 512 N. Salisbury Street, P. O. Box 29535, Raleigh, North Carolina 27626-0535 at no charge.

(c) Copies of rules referenced in this Rule are available at the following locations:

(1) http://portal.ncdenr.org/web/wq/admin/tacu; and

(2) North Carolina Department of Environment and Natural Resources, Division of Water Quality,

Offices of the Technical Assistance and Certification Unit (TACU)

Physical address: 219 North East Street, Raleigh, NC 27601

Mailing address: 1618 Mail Service Center, Raleigh, NC 27699-1618
Authority G.S. 143-215.3.
15A NCAC 02H .0921 REVISION TO REFLECT POTW

REMOVAL OF POLLUTANT

The regulations regarding removal credits promulgated by the Environmental Protection Agency and codified as 40 CFR Part 403.7 are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Management, Pretreatment Offices, Archdale Building, P. O. Box 29535, 512 N. Salisbury St., Raleigh, NC 27626-0535. Copies may be obtained from the US Government Printing Office Bookstore, P. O. Box 56445, Atlanta, Georgia 30343, phone number (404) 331-6947 at a cost of twenty-six dollars ($26.00). locations listed in Rule .0901 of this Section and at http://cfpub1.epa.gov/npdes/home.cfm?program_id=3.
Authority G.S. 143-215.1(a),(b); 143-215.3(a)(14); 150B-21.6.
15A NCAC 02H .0922 Hearings

(a) Adjudicatory Hearings. An Industrial User applicant whose permit is denied, terminated, or is granted subject to conditions he/she deems unacceptable, an Industrial User assessed a civil penalty under the Control Authority's Sewer Use Ordinance, or an Industrial User issued an administrative order under the Control Authority's Sewer Use Ordinance shall have the right to an adjudicatory hearing before the POTW Director or other hearing officer appointed by the POTW Director upon making written demand, identifying the specific issues to be contested, to the POTW Director within 30 days following notice of the final decision to deny or grant the permit, civil penalty assessment, or administrative order. Unless such written demand is made, the action shall be final and binding, subject to the provisions of Rule .0917 of this Section if applicable, and further appeal is barred. For modified permits, only those parts of the permit being modified may be adjudicated. The POTW Director or other hearing officer, as appropriate, shall make a decision on the contested action within the time period specified in the Control Authority's Sewer Use Ordinance but in no case shall the decision be made more than 90 days from receipt of the demand, including the time for any decision under Paragraph (b) of this Rule. The POTW Director shall transmit a copy of the hearing officer's decision to the petitioner by registered or certified mail. If no further administrative appeal is provided by the governing body of the Control Authority under Paragraph (b) of this Rule then the decision is a final decision for the purposes of seeking judicial review. An Official Record of the adjudicatory hearing shall be prepared as described in Paragraph (c) of this Rule.

(1) New Permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit are stayed and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

(2) Renewed or Modified Permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a renewed or modified permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

(3) Terminated Permits. Upon appeal, including judicial review in the General Courts of Justice, of a terminated permit, no permit is in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

(b) Optional Appeal Hearings. If so provided by the governing body of the Control Authority, any decision of a hearing officer or POTW Director made as a result of an adjudicatory hearing held under Paragraph (a) of this Rule may be appealed, to the governing body of the Control Authority or other unbiased entity designated by the governing body of the Control Authority upon filing a written demand within ten days of receipt of notice of the decision. Failure to make written demand within the time specified herein shall bar further appeal. The governing body of the Control Authority or other unbiased entity, as appropriate, shall make a final decision on the appeal within the time period specified in the Control Authority's Sewer Use Ordinance. The governing body of the Control Authority or its designee shall transmit a written copy of its decision by registered or certified mail to the petitioner. This decision is a final decision for the purposes of seeking judicial review. An Official Record of the hearing shall be prepared as described in Paragraph (c) of this Rule.

(c) Official Record. When a final decision for the purposes of judicial review is issued under Paragraph (a) or (b) of this Rule, the hearing officer shall prepare an official record of the case that includes:

(1) All notices, motions, and other like pleadings;

(2) A copy of all documentary evidence introduced;

(3) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken; and

(4) A copy of the final decision of the hearing officer.

(d) Judicial Review. Any person against whom a final decision of the hearing officer or POTW Director is entered, pursuant to the hearing(s) conducted under Paragraph (a) or (b) of this Rule, may seek judicial review of the decision, by filing a written request for review by the superior court pursuant to Article 27 of Chapter 1 of the General Statutes within 30 days after receipt of notice by registered or certified mail of the final decision, but not thereafter, with the Superior Court of the appropriate county along with a copy to the Control Authority. Within 30 days after receipt of the copy of the request for judicial review, the final decision maker shall transmit to the reviewing court the original or a certified copy of the official record.
Authority G.S. 143-215(a); 143-215.1(a), (c), (g); 143-215.3(a)(3),(14)(e); 143-215.6A(j) and (k); 143-215.2(b).

TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS
CHAPTER 16 – BOARD OF DENTAL EXAMINERS
Notice is hereby given in accordance with G.S. 150B-21.2 that the Board of Dental Examiners intends to amend the rule cited as 21 NCAC 16F .0103.
Proposed Effective Date: October 1, 2010
Public Hearing:

Date: June 17, 2010

Time: 7:00 p.m.

Location: Dental Board office, 507 Airport Blvd., Suite 105, Morrisville, NC 27560
Reason for Proposed Action: The amendment clarifies that a dental corporation or limited liability company may include in its name the words "associates" "D.D.S." or "D.M.D" and the geographic location of the company, provided that the company name may not be false, deceptive or misleading.
Procedure by which a person can object to the agency on a proposed rule: Interested persons may submit written comments or objections to the NC State Board of Dental Examiners, c/o Bobby D. White, Chief Operations Officer, 507 Airport Blvd, Suite 105, Morrisville, NC 27560
Comments may be submitted to: Bobby D. White, 507 Airport Blvd, Suite 105, Morrisville, NC 27560
Comment period ends: August 2, 2010

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.
Fiscal Impact:

 State

 Local

 Substantial Economic Impact (>$3,000,000)

 None
SUBCHAPTER 16F   PROFESSIONAL CORPORATIONS
SECTION .0100 - SCOPE
21 ncac 16f .0103 CORPORATE OR LIMITED

LIABILITY COMPANY NAME

Corporation or limited liability company designations shall consist only of the use of the words "Professional Association," "P.A.", "Professional Corporation," or "P.C." for professional corporations and "Professional Limited Liability Company", or "P.L.L.C." for professional limited liability companies. All names shall also contain only the name or surname of one or more of the shareholders or members and may include the word "Associate(s)." the words "Associate(s)", "D.D.S,." "D.M.D." and the geographic location of the company, provided that the company name may not be false, deceptive or misleading.


Authority G.S. 55B 5; 57C-2-01; 57C-2-30; 90 48.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 32 – NORTH CAROLINA MEDICAL BOARD
Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Medical Board intends to amend the rules cited as 21 NCAC 32S .0216 and .0219 and adopt the rule cited as 21 NCAC 32S .0220.
Proposed Effective Date: October 1, 2010
Public Hearing:

Date: August 2, 2010

Time: 10:00 a.m.

Location: North Carolina Medical Board, 1203 Front Street, Raleigh, NC 27609

Reason for Proposed Action: The proposed rules adoption and amendments are to establish an expedited application process for physician assistants, to provide guidelines for issuing a limited physician assistant license in the event of a disaster or emergency and to allow for current certification with the National Commission on Certification of Physician Assistants to be acceptable for CME requirements.
Procedure by which a person can object to the agency on a proposed rule: A person may submit objections to the proposed amendments, in writing by August 2, 2010, to the Rules Coordinator, North Carolina Medical Board, 1203 Front Street, Raleigh, NC 27609 or email rules@ncmedboard.org using "PA Rules" on the subject line.
Comments may be submitted to: Rules Coordinator, North Carolina Medical Board, 1203 Front Street, Raleigh, NC 27609; phone (919) 326-1100; fax (919) 326-0036; email rules@ncmedboard.org
Comment period ends: August 2, 2010
Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.
Fiscal Impact:

 State

 Local

 Substantial Economic Impact (>$3,000,000)

 None
SUBCHAPTER 32s - PHYSICIAN ASSISTANTs
SECTION .0200 - physician assistant registration
21 NCAC 32S .0216 CONTINUING MEDICAL

EDUCATION

(a) A physician assistant must complete at least 100 hours of continuing medical education (CME) every two years, at least 40 hours of which must be American Academy of Physician Assistants Category I CME. CME documentation must be available for inspection by the board or its agent upon request. The two year period shall run from the physician assistant's birthday, beginning in the year 1999, or the first birthday following initial licensure, whichever occurs later.

(b) A physician assistant who possesses a current certification with the National Commission on Certification of Physician Assistants (NCCPA) will be deemed in compliance with the requirement of Paragraph (a) of this Rule. The physician assistant must attest on his or her annual renewal that he or she is currently certified by the NCCPA.
Authority G.S. 90-9.3; 90-18(c)(13); 90-18.1.
21 NCAC 32S .0219 limited physician

assistant license for DISASTERs and

emergencies

A physician assistant licensed in this State or in any other state may perform acts, tasks, or functions as a physician assistant under the supervision of a physician licensed to practice medicine in North Carolina during a disaster within a county in which a state of disaster has been declared or counties contiguous to a county in which a state of disaster has been declared (in accordance with G.S.166A-6). A team of physician(s) and physician assistant(s) practicing pursuant to this Rule is not required to maintain on-site documentation describing supervisory arrangements and instructions for prescriptive authority as otherwise required by 21 NCAC 32S .0212. The Board may waive other regulatory requirements regarding licensure and practice to facilitate a physician assistant practicing during a disaster consistent with G.S. 90-12.5.

(a) The Board may, pursuant to G.S. 90-12.5, issue a limited physician assistant license under the following conditions:

(1) the Governor of the State of North Carolina has declared a disaster or state of emergency, or in the event of an occurrence for which a county or municipality has enacted an ordinance to deal with states of emergency under G.S. 14-288.12, 14-288.13, or 14-288.14, or to protect the public health, safety or welfare of its citizens under Article 22 of Chapter 130A of the General Statutes, G.S. 160A-174(a) or G.S. 153A-121(a);

(2) the applicant provides government-issued photo identification;

(3) the applicant provides proof of licensure, certification or authorization to practice as a physician assistant in another state, the District of Columbia, US Territory or Canadian province;

(4) applicant affirms under oath that such license is in good standing;

(b) The Board may limit the physician assistant's scope of practice including, but not limited to, the following: geography; term; type of practice; prescribing, administering and dispensing therapeutic measures, tests, procedures and drugs; supervision and practice setting.

(c) The physician assistant must practice under the direct supervision of an on-site physician. The supervising physician must be licensed in this State or approved to practice in this State during a disaster or state of emergency pursuant to G.S. 90-12.5 and 21 NCAC 32B .1705. The physician assistant may only perform those medical acts, tasks, and functions delegated by the supervising physician.

(d) A team of physician(s) and physician assistant(s) practicing pursuant to this Rule is not required to maintain on-site documentation describing supervisory arrangements and instructions for prescriptive authority as otherwise required by 21 NCAC 32S .0213.

(e) A physician assistant holding a Limited Physician Assistant License for Disasters and Emergencies shall not receive any compensation, either direct or indirect, monetary, in-kind, or otherwise for the provision of medical services.
Authority G.S. 90-9.3; 90-12.5; 90-18(c)(13); 166A-6.
21 NCAC 32S .0220 EXPEDITED APPLICATION

FOR PHYSICIAN ASSISTANT LICENSURE

(a) An experienced physician assistant who has been licensed, certified, or authorized to practice in at least one other state, the District of Columbia, United States Territory or Canadian province for at least five years, has been in active clinical practice during the past two years and who has a clean license application, as defined in Paragraph (c) of this Rule, may apply for a license on an expedited basis.

(b) In order to apply for an expedited Physician Assistant License, an applicant shall:

(1) submit a completed application, using the Board's form, attesting under oath that the information on the application is true and complete, and authorizing the release to the Board of all information pertaining to the application;

(2) submit documentation of a legal name change, if applicable;

(3) on the Board's form, submit a recent photograph, at least two inches by two inches, certified as a true likeness of the applicant by a notary public;

(4) supply a certified copy of applicant's birth certificate or a certified copy of a valid and unexpired United States passport, if applicant was born in the United States; if the applicant was not born in the United States, the applicant must provide information about applicant's immigration and work status, which the Board will use to verify applicant's ability to work lawfully in the United States. Applicants who are not present in the United States and who do not plan to practice physically in the United States shall submit a statement to that effect;

(5) provide proof that applicant had held an active license, certification or authorization as a physician assistant in at least on other state or jurisdiction for at least the last five years immediately preceding this application;

(6) submit proof of successful completion of the Physician Assistant National Certifying Examination;

(7) submit proof of current certification by the National Commission on Certification of Physician Assistants;

(8) provide proof of an active clinical practice, providing patient care for an average of 20 hours or more per week, for at least the last two years;

(9) submit a NPDB/HIPDB report dated within 60 days of applicant's oath;

(10) submit a FSMB Board Action Data Bank report;

(11) submit two completed fingerprint cards supplied by the Board;

(12) submit a signed consent form allowing a search of local, state, and national files to disclose any criminal record;

(13) pay to the Board a non-refundable fee of two hundred dollars ($200.00), plus the cost of a criminal background check;

(14) upon request, supply any additional information the Board deems necessary to evaluate the applicant's qualifications.

(c) A clean license application means that the physician assistant has none of the following:

(1) professional liability insurance claim(s) or payment(s);

(2) criminal record;

(3) medical condition(s) which could affect the physician assistant's ability to practice safely;

(4) regulatory board complaint(s), investigation(s), or action(s) (including applicant's withdrawal of a license application);

(5) adverse action taken by a health care institution;

(6) investigation(s) or action(s) taken by a federal agency, the United States military, medical societies or associations; or

(7) suspension or expulsion from any school, including an educational program for physician assistants.

(d) All reports must be submitted directly to the Board from the primary source, when possible.

(e) An application must be completed within one year of the date on which the application fee is paid. If not, the applicant shall be charged a new application fee.
Authority G.S. 90-9.3; 90-13.1.





This Section includes a listing of rules approved by the Rules Review Commission followed by the full text of those rules. The rules that have been approved by the RRC in a form different from that originally noticed in the Register or when no notice was required to be published in the Register are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-21.17.


Rules approved by the Rules Review Commission at its meeting on April 15, 2010.
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